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ARBOGAST v. MID-OHIO VALLEY MEDICAL CORP.

No. 31314.

589 S.E.2d 498 (2003)

214 W.Va. 356

Rebecca M. ARBOGAST and Kevin Mark Arbogast, Plaintiffs Below, Appellees, v. MID-OHIO VALLEY MEDICAL CORP., a Corporation, d/b/a Mid-Ohio Valley Urgent Care, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 31, 2003.

Concurring in part and Dissenting in part Opinion of Justice Albright November 4, 2003.

Dissenting Opinion of Justice McGraw December 3, 2003.

Attorney(s) appearing for the Case

Stephen R. Brooks, Carol Ann Marunich, Flaherty, Sensabaugh & Bonasso, Morgantown, for Appellant.

William A. Davis, Nicole DiCuccio, Butler, Cincione & DiCuccio, Columbus, OH, Theodore Davitian, Davitian & Davitian, Parkersburg, for Appellees.

PER CURIAM:

Mid-Ohio Valley Medical Corp., d/b/a Mid-Ohio Valley Urgent Care (hereinafter referred to as "Mid-Ohio"), appellant/defendant below, appeals from a ruling by the Circuit Court of Wood County granting Rebecca M. Arbogast and Kevin Mark Arbogast (hereinafter referred to as "the Arbogasts") appellees/plaintiffs below, judgment as a matter of law on the issue of liability and a new trial on the issue of damages...

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